Freedom Foundation v Gregoire
Can the governor keep public records secret by claiming executive privilege?
Summary
In April 2010, the Freedom Foundation requested several documents from the governor's office. The governor produced some documents, but withheld others on the basis of executive privilege. These records dealt with medical marijuana legislation, Alaskan Way Viaduct replacement proposals, and the Columbia River hydro system. The Public Records Act states that the people of Washington have a right to review public records, and that all public records must be produced upon request unless a specific, statutory exemption would justify withholding a record. Yet despite this clear mandate, the Office of the Governor frequently asserts a privilege not found in statute to shield documents from disclosure. The governor's office insists that the constitutional theory of executive privilege entitles her to shield certain discussions and documents from public scrutiny. However, executive privilege is not a recognized statutory exemption found in the Public Records Act. Since 2007, the governor's office has invoked executive privilege 500 times.
On July 22, 2011, Thurston County Superior Court Judge Carol Murphy ruled that executive privilege can act as an exemption to the Public Records Act and that the records at issue in this case were privileged.
Status
On August 17, 2011, the Freedom Foundation filed a direct appeal to the Washington State Supreme Court.
What's at stake?
Timeline
Governor shouldn’t have right to keep public records from us
This state’s Supreme Court has an opportunity to defend an important principle on public records. The court must decide whether Gov. Chris Gregoire, or any future governor, has the right to withhold documents from public examination based on “executive privilege.”
A case of executive overreach
Our state’s public records act leans heavily in favor of disclosure, and for good reason. It was enacted by voters in 1972 as an expression of their insistence on open government. [The Herald]
Governor’s privilege in hands of state court
It’s hard to believe, but a recent court ruling essentially allowed our governor to wave a magic wand over public documents and make them private. [The News Tribune]
Freedom Foundation appeals executive privilege issue to Washington State Supreme Court
OLYMPIA—Today the Freedom Foundation filed an appeal with the Washington State Supreme Court, appealing a lower court ruling that Gov. Chris Gregoire can withhold public records by asserting executive privilege.
Executive Privilege Case Receives Widespread News Coverage
It’s not often that an issue generates support from all across the political spectrum, but the Freedom Foundation has done it with our legal challenge to Gov. Gregoire’s broad claims of executive privilege.
WA Supreme Court Accepts Executive Privilege Case
OLYMPIA—The Washington State Supreme Court on Tuesday agreed to hear a challenge to the governor’s executive privilege—a presumed “right” that Gov. Christine Gregoire asserted nearly 500 times in a four-year period to stymie dozens of public records requests.
“If the governor is allowed to withhold records through executive privilege, it would be the most significant expansion of government secrecy in years,” said Mike Reitz, general counsel for the Olympia-based Freedom Foundation, which originally brought the suit a year ago this month.
Governor Hides Records on Judicial Appointments
Judges are elected in Washington, but when the governor makes a vacancy appointment, the public doesn’t get to see the appointment process.
Governor Hides Viaduct Replacement Records
The Alaskan Way Viaduct is the double-decked highway that runs along the Seattle Waterfront, carrying up to 110,000 vehicles a day.
Governor shouldn’t have right to keep public records from us
This state’s Supreme Court has an opportunity to defend an important principle on public records. The court must decide whether Gov. Chris Gregoire, or any future governor, has the right to withhold documents from public examination based on “executive privilege.”
A case of executive overreach
Our state’s public records act leans heavily in favor of disclosure, and for good reason. It was enacted by voters in 1972 as an expression of their insistence on open government. [The Herald]
Governor’s privilege in hands of state court
It’s hard to believe, but a recent court ruling essentially allowed our governor to wave a magic wand over public documents and make them private. [The News Tribune]
Freedom Foundation appeals executive privilege issue to Washington State Supreme Court
OLYMPIA—Today the Freedom Foundation filed an appeal with the Washington State Supreme Court, appealing a lower court ruling that Gov. Chris Gregoire can withhold public records by asserting executive privilege.
